If you haven’t been paying attention, you may have missed the struggle raging over the artist formerly known as Ke$ha, now the face of the #freeKesha movement.
A simplification of the backstage war being waged over the popstar’s music goes like this: Kesha filed a lawsuit against Lukasz “Dr. Luke” Gottwald, claiming he abused the young popstar. Her 28-page complaint alleged that the older man drugged her, sexually abused her, threatened to take away her publishing rights, and verbally abused her to the point of an eating disorder. The suit, filed in a civil court rather than the subject of a criminal investigation, seeks to terminate her contract with Gottwald and his label, Kemosabe Records. Gottwald, in turn, claims that the suit is a way for Kesha to wiggle out of contracts obligating her to his label. The popstar is obligated to six albums; two have been completed. On top of this allegation, Gottwald has filed a countersuit for defamation and extortion (among several others). After a brief stint in California courts, the case was moved to New York due to a forum selection clause. Several of Gottwald’s claims against the star and her management have been dismissed.
This article is the fourth in a series of articles covering the Statute of Frauds. Here we examine whether the various napkins, emails, letters and other writings that you have jammed into your manilla folder or saved without any organization in mind on your computer qualify as a “writing” for purposes of meeting the requirements of the Statute of Frauds.
Most people enter into a contract with the intention of fully performing their obligations. They walk away from the execution of the contract believing that they understand the terms, exactly what they agreed to and what they need to do. Unfortunately, during the life of the contract the parties often find themselves confused about their obligations, the actual language of the contract and their options for forcing a breaching party to perform or to pay for the damages caused by the breach.
A breach of contract occurs when a party fails to perform its obligations under the contract. The breach can be actual or anticipatory. Actual breach is when the party refuses to perform as agreed to under the contract by the date on which it has agreed to perform. Anticipatory breach is when the party announces ahead of time that it does not intend to perform its agreed upon obligations.
Continue reading “If Someone Breaches a Contract, Am I Obligated to Perform?” »
It’s all about control. Regardless of what you call them, your “independent contractors” may very well qualify as employees for tax purposes. The degree of control the hiring party exerts over the party performing the work largely determines whether the person or company is an independent contractor or employee, regardless of the hiring party’s intention. Ensuring you have the proper contracts in place that clearly lay out the responsibilities of both the worker and the employer is an important step. These agreements should address specific information about things like the availability of employee benefits and the party responsible for tax reporting, among a number of factors that define the nature of the relationship between the hiring party and the contractor or employee.